Kerr v Bank of New Zealand - [2025] 2 NZLR 557

Limitation — Acknowledgment of liability — Acknowledgement in writing required — Documents to be construed objectively — No material factual disputes — Appropriate determine on Summary Judgment application — Oral evidence subjective intention irrelevant — Surrounding circumstance — No precise words required — Broad and informal — Indicate admission of liability — Liability from when facilities expired — Formal demand not required — Acknowledgments extended to principal and interest — Limitation Act 2010 s 47(1)(a).

Summary judgment — Approach to onus of proof — Prima facie evidence clause not to change onus — Onus remains on plaintiff — Defendant must identify specific credible issues — To arguable level — Alleged errors and uncertainty.

Evidence — Leave granted despite lack of freshness of evidence — Interest of justice — Admitted.

Guarantee — Limit of liability — Interpretation — Clauses to be read as a whole — Holistic — Apply only to the guarantee obligations — Not separate liability for enforcement costs — Caused by guarantors actions.